Membership Deposit Account Agreement

WELCOME!

This Stockpile Membership Deposit Account Agreement (this “Agreement”) explains the fees, policies, terms, and conditions that govern your Stockpile Membership Deposit Account, which is a FDIC-insured, non-interest-bearing deposit account (the “Account”). This Account is referred to in the Stockpile Terms of Service as the “Wallet”. You must have a current membership to the applicable Stockpile membership plan before you are eligible to apply for an Account. You must have an Account in good standing and a current membership to the applicable Stockpile membership plan before you are eligible to apply for a Stockpile Tuition Rewards® Debit Account (“Family Account”) and the associated Stockpile Tuition Rewards® Visa® Debit Card (“Card”) through the applicable Stockpile membership plan. You are the sole owner of the Account and any Family Account, but with respect to the Family Account, you must designate an eligible member of your family (“Authorized User”) as the authorized user on the associated Card. Each Family Account will be associated with the Account. Closure of the Account will also result in closure of all associated Family Account(s) and Card(s). You are responsible for all transactions on the Account. A Card will be issued solely to the Authorized User with respect to each Family Account. No physical or digital card will be issued to you with respect to the Account or the Family Account. This Agreement includes all appendices attached hereto, such as the Online and Mobile Services Agreement attached as Appendix A, and any other terms and conditions incorporated by reference.

In this Agreement, “you” and “your” refer to the owner of the Account and “Bank,” “we,” “us,” and “our” refer to Green Dot Bank, Member FDIC, and the bank that holds the money in your Account. Please note that Green Dot Bank operates under the following registered trade names: GO2bank, GoBank, Green Dot Bank, and Bonneville Bank. All of these registered trade names are used by, and refer to, a single FDIC-insured bank, Green Dot Bank. Deposits under any of these trade names are deposits with Green Dot Bank and are aggregated for deposit insurance coverage with the Federal Deposit Insurance Corporation (“FDIC”). Only the Account and any Family Accounts are provided by Green Dot Bank and are distinct from any other account or service provided by or through Stockpile Inc. and/or its divisions, affiliates, subsidiaries or service providers, including, without limitation, Stockpile Investments, Inc., Stockpile Investment Advisors, Inc., and Stockpile Crypto, LLC (collectively “Stockpile”). Only the balance in your Account and any Family Accounts with Green Dot Bank is eligible to be insured up to the regulatory limits by the FDIC, as further described in Section 9.i. Any assets, whether cash, securities, cryptocurrency, gift cards, or otherwise, in account(s) and/or through service(s) provided by or through Stockpile, including the Stockpile Invest Account, are not deposits or other obligation of, and not guaranteed by, Green Dot Bank or any Green Dot Bank affiliate, and Green Dot Bank and its affiliates have no responsibility for such asset(s), service(s), or account(s). Please refer to the applicable document(s) governing such asset(s), service(s), or account(s).

References in this Agreement to “Stockpile Invest Account” means your brokerage, investment advisory, retirement and/or custodial account advised by Stockpile and held at a qualified custodian (not Green Dot Bank or its affiliates). Any securities in your Stockpile Invest Account(s) are not FDIC insured and may lose value. Cash in your Stockpile Invest Account(s) (i) are not FDIC insured, (ii) are not deposits or other obligation of, Green Dot Bank or any Green Dot affiliate, and (iii) are not guaranteed by, Green Dot Bank or any Green Dot Bank affiliate. Green Dot Bank and its affiliates have no responsibility for such funds or any claims or representations made in connection therewith.

Certain features supported by or settled through the Account may be provided by Stockpile or other third parties. Except as otherwise expressly provided in this Agreement, we do not control, and are not responsible or liable to you for, such features or associated fees or any other third-party products, services, or applications (collectively, “Third-Party Services”) or any providers of Third-Party Services. Separate terms and conditions may apply to Third-Party Services. You should read those terms and conditions carefully before accessing or using any Third-Party Services. You should address all disputes related to Third-Party Services with the applicable third party that provides the Third-Party Services. Examples of these Third-Party Services include, without limitation: the Stockpile platform, the Stockpile membership plans, the Stockpile Invest Account, and the Tuition Rewards® program, as well as other products and services you may receive from Stockpile or other third parties. Without limiting the foregoing, Tuition Rewards® is a registered trademark of SAGE Scholars, Inc., and the Tuition Rewards® program is provided by SAGE CTB, LLC or its affiliates through a partnership with Stockpile as part of the applicable Stockpile membership plan only; the Tuition Rewards® program is NOT a feature of Stockpile Membership Deposit Account, Stockpile Tuition Rewards® Debit Account or Stockpile Tuition Rewards® Visa Debit Card and no points are earned through any activity or transaction with respect to any such account or card, and Green Dot Bank and its affiliates have no responsibility for such tuition rewards benefits or any claims or representations made in connection therewith.

To the extent you have authorized Stockpile to instruct us to debit your Account for the applicable Stockpile membership fees and remit funds on your behalf to Stockpile, we will process the payment instruction from Stockpile on the debit date instructed by Stockpile. You are responsible for ensuring that there are sufficient funds in your Account on the debit date to complete the payment. In the event your Stockpile membership is cancelled for any reason, your Account and any Family Accounts will be closed in accordance with Section 9.t.

NOTICE: THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION APPEAR AT THE END OF THIS AGREEMENT.

1. Getting Started

A. General

The Account is a deposit account. Money in your Account will not earn interest. To open and use an Account, you must be (i) 18 years of age or older, and (ii) a United States citizen or lawful permanent resident, and (iii) have a physical address in one of the 50 states of the United States or the District of Columbia (collectively, the “U.S.”). To help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify, and record information that identifies each person who opens an account. As such, when you apply for an Account, we will ask for your name, address, date of birth, social security number, mobile phone number (or, in our discretion, another type of phone number), and other information that will allow us to identify you. We may also use other methods of data collection, like device ID and geolocation data generated from your devices, and other sources of data to verify the personal information provided to us, including, but not limited to, the collection and validation of your state-issued ID or other printed documentation and data related to your mobile phone, computer, and/or other devices. In addition, before certain features of your Account may be used, we may require you to undergo further identity or verification, including, but not limited to, verifying your email address or mobile phone number, or uploading an image of your state-issued ID for verification. We reserve the right to not open an Account for anyone in our sole discretion. We may also limit the number of Accounts that you have in our sole discretion.

B. Family Accounts and Authority.

If eligible, you may apply to open up to a maximum number of five (5) Family Accounts which will be associated with your Account. Only you may open or close the Account and/or any Family Account/Card, and you are liable for all transactions, fees, obligations, uses, and liabilities of or related to the Account and any Family Account, including Card usage. This includes any transactions made by you, an Authorized User, or any person you or an Authorized User permit to access the Account, Family Account, Card or your or the Authorized User’s credentials, as applicable.

You are the only individual that can communicate with us about the Account or Family Account. Neither the Authorized User nor any other individuals will be able to do so.

You are the only individual that can dispute transactions or allege that an error has occurred in connection with an Account or any Family Account you establish. Neither an Authorized User nor any other individuals will be able to do so.

C. Account Access.

Account features and functionality may only be accessed via the Stockpile mobile app (“Mobile App”).

D. Fees.

Currently, there are no fees that we impose on your Account, but we may offer additional products, services, and features from time to time, and the fees for those offerings will be disclosed to you at the time they are offered. In addition, there are some situations where a third party may charge additional fees. For exemplary purposes only, Stockpile charges a fee for its membership plan and pursuant to the Stockpile terms and conditions, the applicable Stockpile membership fee will be deducted from your Account in accordance with payment instructions from Stockpile.

2. Deposits & Limits

A. General

You may make deposits to the Account by transferring money from your Stockpile Invest Account, signing up for direct deposit, or from your External Bank Account via Inbound Bank Transfer (as defined below).  We may offer you additional ways to deposit money from time to time, and any applicable fees or limits will be disclosed to you at the time they are offered to you. More information regarding how to deposit money to your Account can be found via the Mobile App.

B. Limits on Deposits.

We may refuse to accept a deposit to your Account, limit a deposit’s size, or return all or part of a deposit to you or the sender. Except as otherwise permitted by us, no other person may deposit money to your Account on your behalf, and we reserve the right to reject any such deposit. We will not accept checks or cash mailed to us for deposit, or cash deposits at ATMs.

C. Direct Deposits.

You may arrange to have funds transferred directly to your Account by your employer or other appropriate payor once we have successfully verified your personal information. If you have arranged to have direct deposits made to your Account at least once every 60 days from the same person or company, you can call us at (888) 675-2973, or use the Mobile App to find out whether or not the deposit has been made. Funds from direct deposits will generally be available on the day we receive the transfer. In case of transmission error or transfer irregularity, your ability to withdraw funds may be delayed. If this occurs, funds will generally be available within five business days after we receive the transfer. We reserve the right to reject or limit transfers via direct deposit in our sole discretion and may reject or suspend any direct deposit that has identifying information that does not match the identifying information (such as name or social security number) that we have on file for you. You may cancel your direct deposit authorization at any time by sending a written notice to your employer or payor and providing your employer or payor and the Bank sufficient time to act upon the notice.

C. Account Access

Account features and functionality may only be accessed via the Stockpile mobile app (“Mobile App”).

3. Funds Availability.

For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays, and legal banking holidays in the State of Utah.

A. Direct Deposits.

Electronic direct deposits will be available on the day we receive the deposit. Please keep in mind, however, that after we make funds available to you, and you have spent, transferred, or withdrawn the funds, you are still responsible for any problems involving your deposit. If a deposit is made on a business day, we will consider that day to be the day of your deposit. However, if a deposit is made on a non-business day or on a day we are not open, we will consider that the deposit was made on the next business day.

B. Transfers from your Stockpile Invest Account.

Our general policy is to make funds that you transfer from your Stockpile Invest Account available to you immediately, but this may take up to three (3) business days.

C. Special Rules for New Accounts.

During the first 30 days your Account is open, funds from deposits of cash will be available on or before the first business day after the day of your deposit if the deposit meets certain conditions. We may also impose different funds availability limits for other forms of deposits during the first 30 days your Account is open.

D. Other Types of Deposits.

Funds availability rules for other types of deposits will be disclosed to you at the time those other deposit options are offered to you.

4. About Your Account.

A. Money in Your Account May Be Held Until a Transaction is Completed.

When we authorize a transaction, we commit to make the requested funds available when the transaction finally settles and will place a hold on the funds in your Account for the amount of the transaction, and this transaction will show as “pending” in the transaction history. You will not be able to use the money in your Account that is on hold until the transaction finally settles or the hold is otherwise released. For more information about how we determine the amount of money in your Account available for use and withdrawal, see Section 7 titled “We Use The Available Balance Method”. If a pending transaction is not presented to us for payment within our established time period after being authorized (typically, three business days, but may be up to 90 days for certain types of transactions, as described above), we will release the hold. Note that if a transaction is presented to us for payment from your Account after we have released the hold, we must honor the transaction, which may result in a negative balance in your primary deposit account. For more information about negative balances, see Section 7.c. titled “Negative Balances”. When a transaction finally settles, we will charge your Account for the amount of the final transaction, including any applicable fees, and then will release the hold on any remaining amount on money, as applicable.

5. Limits on Your Account.

In addition to any other limits included in this Agreement, the Account is subject to the following limits imposed by us1:

A. Account Balance

The maximum balance is $100,000 on the Account but we may, in our sole discretion, allow the balance to exceed this limit.

B. Other Limits

You agree you will not use the Account for business purposes. We may, in our sole discretion, close the Account if we determine that it is being used for business purposes. We may revoke or suspend your Account privileges or cancel your Account with or without cause or notice, other than as required by applicable law.

6. Electronic Fund Transfers; Other Rights & Terms

A. Your Liability for Unauthorized Electronic Fund Transfers.

Tell us AT ONCE if you believe funds have been transferred from your Account without your permission. Reporting such loss, theft, or unauthorized transfer by calling us at (888) 675-2973 is the best way of keeping your possible losses down. You could lose all the money in your Account.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money in your Account if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

B. In Case of Errors or Questions About Your Electronic Transfers.

Call us at (888) 675-2973 or write us at Customer Care, P.O. Box 9, West Chester, OH 45071-0009 as soon as you can if you think your statement or receipt is wrong or if you need more information about a transaction listed on a statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. When notifying us, you will need to tell us: (i) your name and number of the Account; (ii) why you believe there is an error and the dollar amount involved; and (iii) approximately when the error took place. In addition, it would be helpful if you provided us with any supporting documentation related to the error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. You agree to cooperate reasonably with us and our agents and service providers in our attempts to recover funds from, and to assist in the prosecution of, any unauthorized users of your Account.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provide a provisional credit to your Account, within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not provide a provisional credit to your Account.

For errors involving new Accounts, we may take up to 90 days to investigate your complaint or question. For new Accounts, we may take up to 20 business days to provide a provisional credit to your Account for the amount you think is in error.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

C. Our Liability for Failing to Make Transfers.

If we do not complete an electronic fund transfer to or from your Account on time or in the correct amount according to this Agreement, we may be liable for your losses or damages under section 910 of the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. §§ 1693 et seq.). There are some exceptions, however. We will not be liable, for instance: (i) if through no fault of ours, your Account has insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g., because they have not been finally collected or are subject to legal process); (ii) if the system was not working properly and you knew about the problem when you started the transaction; (iii) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (iv) if we have limited or revoked your Account privileges, or if we have reason to believe the transaction is not authorized by you; (v) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; or (vi) as otherwise provided in this Agreement.

D. How to Stop Preauthorized Transfers From Your Account.

If you have told us in advance to make regular payments out of the Account, you can stop any of these payments by writing to us at Customer Care, P.O. Box 7, West Chester, OH 45071-0009 or by calling us at (888) 675-2973. We must receive your request at least three business days before the payment is scheduled to be made. (Note: If you fail to give us your request at least three business days prior to a transfer, we may attempt, at our sole discretion, to stop the payment. We assume no responsibility for our failure or refusal to do so, however, even if we accept the request for processing.) If you call, we may require you to put your request in writing within 14 days after you call. If we do not receive the written confirmation within 14 days, we may honor subsequent debits to the primary deposit account of the Account. For individual payments, your request should specify the exact amount (dollars and cents) of the transfer you want to stop, the date of the transfer, and the identity of the payee. Unless you tell us that all future transfers to a specific recipient are to be stopped, we may treat your stop payment order as a request concerning the one transfer only. If you order us to stop one of these payments at least three business days before the transfer is scheduled and we do not do so, we will be liable for your losses or damages to the extent provided in this Agreement or required by applicable law.

E. Varying Preauthorized Transfers.

If you have arranged in advance to make regular payments out of the Account and they may vary in amount, the person you are going to pay should tell you, at least 10 days before each payment, when it will be made and how much it will be. The person you are going to pay may give you the option of receiving this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.

F. Account Statements.

You will get a statement for the Account each monthly statement period (unless there are no transfers in a particular month). In any case, you will get a statement at least quarterly, unless your Account is dormant or inactive. You will have access to these statements via the Mobile App. We do not mail paper statements.

G. Business Days.

Except as otherwise provided in this Agreement, our business days are Monday through Friday, excluding federal and legal banking holidays in the State of Utah.

H. Amendments/Changes in Account Terms.

We may add to, delete, or change the terms of this Agreement at any time by mailing, emailing, or delivering a notice, a statement message, or an amended agreement to you at the last address (location or email) on file for you, your Account, or the service in question. Unless otherwise required by applicable law, we may amend this Agreement without prior notice (e.g., by posting the information via the Mobile App or otherwise making it available to you). We may substitute similar services or discontinue currently offered services by giving you prior notice. We do not have to notify you, however, of any changes that are beneficial to you (e.g., a reduction or waiver of any fees or the addition of services) or if the change is required for security reasons.

I. Information Given to Third Parties.

We may disclose information to third parties about you, your Account and the transactions on your Account: (i) where it is necessary or helpful for completing transactions; (ii) in order to verify the existence and condition of your Account for a third party (e.g., a merchant); (iii) in order to comply with government agency or court orders; (iv) if you give us your consent; (v) to service providers who administer your Account or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to identify, prevent, investigate, or report possible suspicious or illegal activity; (vii) in order to issue authorizations for transactions on your Account or Family Account; (viii) to disclose the existence, history, and condition of your Account to consumer reporting agencies; and (ix) as permitted by our Privacy Policy. See our Privacy Policy for further details. We can also disclose information that is not personally identifiable for other purposes.

7. We Use The Available Balance Method

A. Determining Your Account’s Available Balance.

The “Available Balance” of your Account is defined as the most current record of the amount of money in your Account available for your use or withdrawal. We use the Available Balance to authorize your transactions during the day. We also use the Available Balance to pay your transactions in our nightly processing. Note that the Available Balance of your Account may not represent the current balance of your Account due to pending transactions. We calculate your Available Balance as follows:

• We start with the ending daily Account (posted) balance from our prior business day nightly processing that includes all transactions deposited to or paid from your Account;
• We subtract from this amount any holds placed on a deposit to your Account and any holds placed due to legal process;
• We add pending deposits that are immediately available for your use (see Section 3 titled “Funds Availability” for details); and
• We subtract pending withdrawals that we have either authorized or are known to us (such as your preauthorized automatic ACH (as defined below) withdrawals that we receive for payment from your Account but have not yet processed (see Section 4.a. titled “Money in Your Account May Be Held Until a Transaction is Completed” for details).

B. How We Process (Post) Transactions to your Account.

We may charge your Account on the day that a transaction is presented (or returned) to us directly or electronically for payment. We may charge your Account or place a hold on funds at an earlier time if we receive notice that an item deposited to your Account is being returned, or if we receive notice that your electronic payment (e.g., at a point-of-sale) is being processed for collection.

C.Negative Balances.

You may not perform transactions that exceed the Available Balance of your Account, and we generally will not authorize or pay transactions that exceed the Available Balance of your Account. Please note, however, that some merchants: (i) may not check with us for authorization of the transaction amount; (ii) may check with us for authorization of the transaction amount but later present a transaction for payment that is for a higher amount; or (iii) may not timely present a transaction to us for payment, and therefore some transactions may be paid from your Account even if the Available Balance of your Account is insufficient, resulting in a negative balance in your Account.

You are fully liable for the amount of any negative balance on your Account, including any applicable transaction fees. Any negative balance on your Account must be paid immediately, without notice or demand from us, by depositing funds to your Account. Without limiting any other provisions of this Agreement, if you do not deposit funds to your Account to cover a negative balance within 60 days of its creation, we may close your Account. Without limiting the foregoing, we reserve the right to pursue collections for any negative balance on your Account and we may offset any negative balance on your Account with subsequent deposits, and other credits to your Account, to the fullest extent permitted by applicable law, in accordance with Section 9.r. titled “Security Interest & Setoff”.

8. Bank Transfer Services

A. General.

If you are eligible, we offer the following types of fund transfer services through the Mobile App (the “Bank Transfer Services”):

• You can use our Bank Transfer Services to transfer funds to your Account (an “Inbound Bank Transfer”) from your Stockpile Invest Account or an eligible bank account in your name at a U.S. financial institution that accepts such transfers (your “External Bank Account”).  When you initiate an Inbound Bank Transfer, you authorize us to withdraw the funds from your External Bank Account.  You agree that you will have sufficient funds in your External Bank Account to cover all Inbound Bank Transfers that you set up.
• You can also use our Bank Transfer Services to transfer money from your Account to an External Bank Account that accepts such transfers (each such transfer, an “Outbound Transfer”). 

Although we may use any means to execute a Bank Transfer, we normally use the Automated Clearing House (“ACH”).  Before you may use the Bank Transfer Services, we may verify your ownership of your External Bank Account by: (i) accessing your account information at the applicable U.S. financial institution, (ii) engaging in test transfers, and/or (ii) asking you to provide proof of your ownership.  

When we validate your ownership of accounts through the use of a test transfer, one or more small payments will be credited to your account with the other institution.  Once the test transfer is complete, we will ask you to access your account and tell us the amount of the test credit or any other information reported to us by your bank.  

If we ask you to provide us information about your External Bank Account (e.g., your username and password), you agree that you are directly providing that information to us (and our designated service provider) so that we can access information about your External Bank Account online in order to verify your ownership of your External Bank Account.

B. Your Representations and Warranties.

By using the Bank Transfer Services, you authorize us to act as your agent and attorney-in-fact for the limited purpose of gathering information about your External Bank Account, communicating with others regarding your transfer instructions, and processing your transfers via the Bank Transfer Services. You represent to us that: (i) the financial institutions for your External Bank Account have expressly agreed to (or do not prohibit) those actions by us; (ii) you have the authority to grant us the right to conduct those activities; (iii) you are authorized to conduct transfers with respect to your External Bank Accounts via the Bank Transfer Services and such accounts are classified as consumer accounts; (iv) the information you provide to us regarding your External Bank Accounts is accurate and complete; (v) you are an owner and authorized signer for your External Bank Accounts and your External Bank Accounts are titled in your name; and (vi) no other person’s authorization is required for us to process your requested transfers via the Bank Transfer Services; and (vii) such action does not violate the terms and conditions applicable your bank account, this agreement or applicable law. The financial institutions that hold your External Bank Accounts, may contact us from time to time to verify information about a pending transfer. You agree that we may provide any information needed to verify your instructions or otherwise process such transfer.

Other institutions may contact us to verify information about an account or transaction. You agree that we may provide any information needed to verify your instructions or otherwise process a transfer.

C. Eligibility.

Not all types of accounts and debit or reloadable cards are eligible for use with the Bank Transfer Services. You must check with the financial institutions for your External Bank Accounts to determine if there are any restrictions regarding the transfer. We are not responsible for any costs or losses incurred if transfers are not permitted or are restricted by the financial institutions for your External Bank Accounts or by applicable law.

D. Fees.

We do not charge a fee for an Inbound Bank Transfer or Outbound Transfer. Please note that the financial institutions for your external accounts may separately charge fees in connection with transfers via the Bank Transfer Services (e.g., if the transfer results in an overdraft of your external account).

E. Processing Times.

• Inbound Bank Transfers are generally deposited to the Account within three business days of when you instruct us to make the transfer. The cutoff time for submitting instructions for Inbound Bank Transfers is 9:30 p.m. (Pacific Time). Instructions received after the cutoff time or on a non-business day may be processed by us on the next business day. Inbound Bank Transfers scheduled to be processed on a non-business day will be processed on the next business day.  You acknowledge that there will be a delay between the time you are notified of a pending transfer and the date funds are deposited to your Account. Subject to the terms set forth in Section 8.h., it generally takes up to 5 business days before  the funds are deposited to your Account. Subject to Section 8.h., Outbound Transfers generally are processed within 3 business days of your request, but could take up to 5 business days in some cases. The financial institution that holds your bank account may take additional time to deposit the funds from an Outbound Transfer in your bank account. We cannot guarantee the timely delivery or return of funds as a result of a failure of another financial institution to act in a timely manner. In addition, we may delay or suspend the processing of an Outbound Transfer for security and fraud purposes and as otherwise specified in this agreement. You agree that you will have sufficient available money in your Account to cover the amount of any Outbound Transfer that you request, including any applicable fees. If you do not, we may reject the Outbound Transfer. We will remove the money that you have designated to be transferred from your Account when you submit the Outbound Transfer to us.
• We may delay, suspend, or cancel the processing of any transfer via the Bank Transfer Services for security and fraud purposes and as otherwise specified in this Agreement. We are not responsible for any losses or damages that may result from our delay, suspension, or cancellation of a transfer, or for any failure to notify you of such delay, suspension, or cancellation. We cannot guarantee the timely delivery of funds as a result of a failure of another financial institution to act in a timely manner. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, transfers authorized via the Bank Transfer Services are non-refundable and cannot be cancelled after you submit instructions for us to make a transfer.

F. Limits.

Your use of the Bank Transfer Services is subject to the following limits:

• The minimum amount of any single Inbound Bank Transfer is $1 per transfer. Subject to the foregoing limit, you may perform up to an aggregate of $50,000 in Inbound Bank Transfers daily, and up to an aggregate of $50,000 in Inbound Bank Transfers in any rolling 30-day period.  If you have already authorized an Inbound Bank Transfer, you may not authorize another Inbound Bank Transfer until five days after the date you previously authorized the first Inbound Bank Transfer.  The minimum amount of any single Outbound Transfer is $1 per transfer. Subject to the foregoing limit, you may perform up to an aggregate of $50,000 in Outbound Transfers daily, and up to an aggregate of $50,000 in Outbound Transfers in any rolling 30-day period. If you have already authorized an Outbound Transfer, you may not authorize another Outbound Transfer until five days after the date you previously authorized the first Outbound Transfer.
• The limits applicable to the Bank Transfer Services are subject to change. You may be eligible for less restrictive limits. If so, we may disclose such limits at the time you use the applicable service. We may add new limits, make existing limits more restrictive, or cancel your transfers without prior notice, as described below in “Suspension or Termination”. We will notify you of changes to the limits for the Bank Transfer Services as required by applicable law.

G. Representations Regarding Sufficiency of Funds.

When you initiate a transfer via the Bank Transfer Services, you represent and agree that you have sufficient funds in your External Account for all such transfers, including any applicable fees.

H. Declined and Reversed Transfers.

We may decline to complete a transfer via the Bank Transfer Services if: (i) we believe it may involve or result in a violation of applicable law or expose us to liability or risk of loss; (ii) we are unable to authenticate your Account, Stockpile Invest Account, or External Bank Account, as applicable; (iii) there are insufficient funds available for the transfer; (iv) the transfer instructions are unclear, ambiguous, or incomplete; (v) we identify a security risk involving the transfer; or (vi) as otherwise stated in this Agreement. If we have begun to process a transfer, and it is rejected for any reason, we will notify you and attempt to return the funds to your Stockpile Invest Account or External Bank Account, as applicable. You authorize us to return funds to your Stockpile Invest Account or External Bank Account, as applicable, if we are advised by the financial institution or the company processing the transfer that the transfer was not authorized by you, was made to your Account in error, or that there were insufficient funds available in your Stockpile Invest Account or External Bank Account, as applicable, for the transfer.

I. Suspension or Termination.

Without limiting any other right or remedy that we may have under this Agreement or otherwise, we may suspend or terminate your ability to use the Bank Transfer Services at any time without prior notice in the event that we believe there is a problem with your use of the Bank Transfer Services, including, without limitation, under the following circumstances: (i) we are unable to debit your Stockpile Invest Account or External Bank Account, as applicable, or collect money due to us; (ii) if you breach this Agreement or any other agreement with us; (iii) we believe there has been or may be an unauthorized use of your Account; (iv) we are unable to verify your identity or authority to use the Bank Transfer Service to our satisfaction; (v) your Account is not in good standing; or (vi) we believe that your use of the Bank Transfer Service could expose us to increased operational or reputation risk. You understand and agree that such action is reasonable for us to take in order to protect us from loss.

9. Additional Terms & Conditions

A. Adjustments.

We may make adjustments to your Account whenever a correction or change is required. Adjustments might occur, for example, if deposits are recorded or keyed in the wrong amount or items you deposit are returned unpaid.

B. Account Contact Information Changes.

You agree to notify us immediately in writing of any change in your name, address, email address, phone number, or other contact information associated with your Account. We may rely on our records to determine the ownership of your Account.

C. Compliance.

You agree not to violate the laws of the U.S., including, without limitation, the economic sanctions administered by the U.S. Treasury’s Office of Foreign Assets Control. You may not use your Account or any related service to conduct any activity that would violate applicable law. If we are uncertain regarding the legality of any transaction, we may refuse the transaction or freeze the amount in question while we investigate the matter.

D. Conflicting Demands/Disputes.

If there is any uncertainty regarding the ownership of an Account or its funds, there are conflicting demands over its ownership or control, we are unable to determine any person’s authority to give us instructions, we are requested by Adult Protective Services or any similar state or local agency to freeze the Account t or reject a transaction due to the suspected financial abuse of an elder or dependent adult, or we believe a transaction may be fraudulent or may violate any law, we may, at our sole discretion: (i) freeze the Account and refuse transactions until we receive written proof (in form and substance satisfactory to us) of each person’s right and authority over the Account  and its funds; (ii) refuse transactions; (iii) require the signatures of all authorized signers for the withdrawal of funds, the closing of an Account, or any change in the Account regardless of the number of authorized signers on the Account; (iv) request instructions from a court of competent jurisdiction at your expense regarding the Account, or transaction; and/or (v) continue to honor transactions and other instructions given to us by persons who appear as authorized signers according to our records. The existence of the rights set forth above will not impose an obligation on us to assert such rights or to deny a transaction.

E. Consent For Us to Contact You.

Except to the extent prohibited by applicable law, you agree that we or our agents may contact you at any telephone number you provide to us, including your mobile phone number, and you agree to receive these calls and also text messages, including prerecorded or autodialed calls. You understand that your service provider may charge you for these calls and messages.

F. Consent to Gather Information.

You authorize us to obtain information from time to time regarding your credit history from credit reporting agencies and other third parties. You authorize us to obtain address information from the California Department of Motor Vehicles or any other government agency. As such, you waive your rights under California Vehicle Code § 1808.21 (or its equivalent). You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI), and other subscriber status and device details, if available, to us and our service providers solely to verify your identity and prevent fraud. See our Privacy Policy for how we treat your data.

G. Cutoff Hours.

Except as otherwise expressly provided in this Agreement, instructions received by us on a weekend, holiday, or after our cutoff hour on a business day may be treated and acted upon by us as if received on the next business day.

H. Death or Adjudication of Incompetence.

We may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the Account. We also may freeze, offset, refuse, and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceased) if you die or are adjudicated incompetent. Without limiting any other provisions of this Agreement, if we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an accountholder, we may freeze all or part of the Account, pending receipt of proof (satisfactory to us) of each person’s right to the funds.

I. Deposit Insurance.

Your Account is insured up to the regulatory limits prescribed by the Federal Deposit Insurance Corporation (FDIC). For further information regarding insurance of accounts, you may write to the FDIC at 550 17th Street, N.W., Washington, D.C. 20429, telephone the FDIC’s toll-free consumer hotline at 877-275-3342, or visit its website at https://www.fdic.gov/.

J. Fax Instructions/Voicemail/Email.

We may, but are not required to, act upon instructions received by fax transmission, voicemail, or email. We may not review your message until the business day after its receipt. As such, it may not be appropriate to use these methods of communication if you need to reach us with time-sensitive information. For security reasons, you should not send us emails that contain any personal or Account information.

K. Force Majeure.

We will not be liable for any loss, expense, failure to perform, or delay caused by failure of communication systems, accidents, pandemics, strikes, fire, flood, war, riot, civil strife, terrorist attack, earthquake, power outage, funds transfer system or government rules, acts of third parties, or any cause that is beyond our reasonable control.

L. Governing Law.

To the extent this Agreement is subject to the laws of any state, it will be subject to the law of the State of Utah, without regard to its conflict of law provisions.

M. Inactive Accounts.

For security reasons, we may refuse a withdrawal or transfer from Accounts we internally classify as dormant if we cannot reach you in a timely fashion to confirm the transaction’s authorization. We may transfer (escheat) funds in your Account to the appropriate state if no activity occurs in your Account or you fail to communicate with us regarding your Account within the time period specified by state law. We may consider your Account inactive even if you maintain another active account with us. We may impose a fee for sending a dormant account notice to you prior to transferring the funds to the appropriate state. If funds are transferred to a state, you may file a claim with the state to recover the funds.

N. Legal Process.

We may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant, or other legal process that we believe (correctly or otherwise) to be valid. We may notify you of such process by telephone, electronically, or in writing. If we are not fully reimbursed for our record research, photocopying, and handling costs by the party that served the process, we may charge such costs to your Account. You agree to reimburse us for any cost or expense, including attorneys’ fees, which we incur in responding to legal process related to your Account. You agree that we may honor legal process that is served personally, by mail, email, or facsimile transmission at any of our offices (including locations other than where the funds, records, or property sought is held), even if the law requires personal delivery at the office where your Account or records are maintained.

O. Limitation on Time to Bring Action.

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law with respect to your Account, or any related service must be commenced no later than one year after the day the cause of action accrues.

P. Other Agreements.

You may have another agreement with us that, by its terms, supersedes this Agreement in whole or in part.

Q. Power-of-Attorney.

You may appoint an attorney-in-fact for your Account and also revoke a power of attorney. You should notify us in advance if you plan to create a power of attorney involving your Account. We generally will accept a Uniform Statutory Form Power of Attorney that complies with applicable state law. We may refuse to accept other forms of powers of attorney, however, with or without cause. We may act on the instructions of an attorney-in-fact whether or not the attorney-in-fact relationship is noted in the instruction. You can revoke your power of attorney by sending a written notice to us. We assume no duty to monitor the actions of your attorney-in-fact to ensure that he or she acts for your benefit.

R. Security Interest & Setoff.

You grant us a security interest in your Account including all current and future deposits, for amounts owing to us now and/or in the future under this Agreement or any other agreement you have with us. We may charge or set off funds in your Account for any direct, indirect, and/or acquired obligations that you owe us now and/or in the future, regardless of the source of the funds in your Account to the fullest extent permitted by law.

Severability.

If any of the provisions of this Agreement are determined to be void or invalid, the remainder of this Agreement will remain in full force and effect.

S. Telephone and Electronic Communication Monitoring/Recording.

We may monitor telephone conversations and electronic communications for quality and control purposes without prior notice to you. We usually do not record conversations without notice to you.

T. Termination/Closing Your Account.

We may close your Account if the balance is zero or negative. In the event your Stockpile membership is cancelled for any reason, your Account and any Family Accounts will be closed as provided in the Stockpile Terms of Service and this Agreement. We may also terminate your relationship with us at any time, with or without cause, with or without notice. If funds are not withdrawn from your Account prior to the termination of your Account, we may send a check for the Account balance to you at the last address we have on file for your Account or return the Account balance to you via any other method we select in our discretion. We reserve the right to refuse to return any unused balance amount less than $1.00. We may dishonor any item or transaction presented for payment after your Account is closed. Notwithstanding the foregoing, you remain responsible for such items and transactions, which may be treated as overdrafts.

U. Transfers/Assignments.

Unless otherwise agreed by us in writing, your Account is non- transferable and non-negotiable. You may not grant, transfer, or assign any of your rights to your Account without our prior written consent. We are not required to accept or recognize an attempted assignment of your Account or any interest in it, including a notice of security interest.

V. Waivers.

We may delay enforcing our rights under this Agreement without losing them. Any waiver by us will not be deemed a waiver of other rights or of the same right at another time. You waive diligence, demand, presentment, protest, and notice of every kind, except as set forth in this Agreement.

W. Termination or Suspension of Service.

We may suspend or terminate your access to or use of any or all of our services at any time without cause in our sole discretion. We may immediately suspend your use of our services if you breach this Agreement or any other agreement with us or we have reason to believe there has been or may be an unauthorized use of your Account.

10.ARBITRATION NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

A. Acknowledgment of Arbitration.

Your Account is being made available and priced by the Bank on the basis of your acceptance of the following arbitration provision. By opening your Account, you acknowledge that you are giving up the right to litigate Claims (as defined below) if either party elects arbitration of the Claims pursuant to this provision, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement.

B. Arbitration of Claims.

Except as expressly provided herein, any claim, dispute, or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present, or future), including initial claims, counter-claims, cross-claims, and third-party claims, arising from or relating to (i) your Account; (ii) any service relating to your Account; (iii) the marketing of your Account; (iv) this Agreement, including the validity, enforceability, interpretation, scope, or application of this Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which will be for a court to decide); and (v) any other agreement or instrument relating to your Account or any related service (“Claim”) will be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank’s agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration. Arbitration replaces the right to litigate a claim in court or to have a jury trial. The American Arbitration Association (“AAA”) will serve as the arbitration administrator. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: online at https://www.adr.org or by writing to the AAA at: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043.

C. Other Claims Subject to Arbitration.

In addition to Claims brought by either you or the Bank, Claims made by or against Green Dot Corporation or by or against anyone connected with you or the Bank or claiming through you or the Bank (including a second cardholder, employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) will be subject to arbitration as described herein.

D. Exceptions.

We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court so long as the Claim is pending only in that court. This arbitration provision also does not limit or constrain the Bank’s right to interplead funds in the event of claims to Account funds by several parties.

E. Individual Claims Only.

Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing. However, co-applicants, second cardholders, and authorized users of a single Card and/or related cards are considered as one person, and the Bank, its officers, directors, employees, agents, and affiliates are considered as one person.

F. Arbitration Fees.

If you initiate arbitration, the Bank will advance any arbitration fees, including any required deposit. If the Bank initiates or elects arbitration, the Bank will pay the entire amount of the arbitration fees, including any required deposit. The Bank will also be responsible for payment and/or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

G.

H. Procedure.

A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years’ experience or who is a former or retired judge. The arbitration will follow the AAA’s rules and procedures in effect on the date the arbitration is filed, except when there is a conflict or inconsistency between the AAA’s rules and procedures and this arbitration provision, in which case this arbitration provision will govern. Any in-person arbitration hearing for a Claim will take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), and will honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable will apply to any arbitration proceeding. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any appropriate court may enter judgment upon the arbitrator’s award. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the FAA.

Appendix A. Online and Mobile Banking Agreement

1. Introduction.

This Online and Mobile Banking Agreement (this “Agreement”) sets forth the terms and conditions that apply to your access and use of the Green Dot online and mobile banking services (“Service”) provided by Green Dot Bank, Member FDIC. In this Agreement, “you” refers to each owner and authorized signer on the accounts that may be accessed through the Service. The terms “we,” “us,” and “Bank”refer to Green Dot Bank, Member FDIC. This Agreement incorporates, supplements, and supersedes where inconsistent, the terms of your Deposit Account Agreement with us. Your use of the Service will be deemed further evidence of your agreement to these terms. The Service is made available to you via the Stockpile mobile application (“Mobile App”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE VIA THE MOBILE APP. DO NOT USE THE SERVICE VIA THE MOBILE APP IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT. By accessing or using the Service, you represent that you have read and agree to be bound by this Agreement in its entirety and all applicable laws, rules, and regulations governing your use of the Mobile App. This Agreement may be amended by posting a new version to the Mobile App, which version will be effective upon posting.

2. Our Service.

The Service may allow you to access a variety of features through the Mobile App from time to time, subject to your eligibility to use such features. We assume no obligation to offer support services for, or upgrades to, the Mobile App.

3. Your Equipment.

To use the Service, you must have the browser and equipment described in the Electronic Communications Agreement. You are responsible for the selection, installation, maintenance, and operation of your computer, mobile devices, and software. We are not responsible for any errors, failures, or malfunctions of your computer, mobile devices, or software or for any computer virus or related problems that may occur with your use of the Service. You are responsible for ensuring that your computer, mobile devices, and software are compatible with the Mobile App and other system requirements. We reserve the right to change our system requirements from time to time. We reserve the right to support only certain types of mobile devices and mobile operating systems.

Note: Some browser software may store usernames and security codes to facilitate the future use of a website. For security reasons, you agree to disable this feature in your browser. Check your browser’s “Help” screen for more information on this feature.

4. Website Terms of Use and Mobile App End User License Agreement.

Stockpile’s Terms of Service, including the Mobile Application Terms of Use attached thereto (as applicable, “Stockpile Agreement”) apply to your access and use of the Mobile App and their website(“Website”). Either Green Dot or Stockpile have the right to terminate or suspend your access to or use of the account via the Website or Mobile App, with or without notice, in the event that you violate the Stockpile Agreement. In case of any discrepancy between this Agreement and the Stockpile Agreement, the terms of this Agreement will prevail.

5. Proprietary Rights; Use of Content.

The Website and Mobile App are owned and operated exclusively by Stockpile, Inc., its affiliates and/or licensors, and, unless otherwise indicated, all designs, text, images, videos, graphics, software, and other content and materials appearing on the Website or Mobile App (collectively, “Stockpile Content”) are the property of Stockpile, Inc. and are protected, without limitation, by U.S. and foreign copyright, trademark, and other intellectual property laws. All trademarks, service marks, trade names, logos, and other indicia of origin of Stockpile Inc., (collectively, “Stockpile Marks”) appearing on the Website or Mobile App are the property of Stockpile. Your use of the Stockpile Content or Stockpile Marks is governed by the Stockpile Agreement. You may not make any use of any Stockpile Content or Stockpile Marks without Stockpile’s prior written consent. No Stockpile Content from the Website or Mobile App may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Any banking services and Bank content offered by or through the Mobile App (collectively, the “Banking Services”) are the property of Bank, or its affiliates, licensors and/or third-party service providers (collectively, the “Green Dot Parties”) and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws. All trademarks, service marks, trade names, logos and other indicia of origin of Green Dot Parties (collectively, "Green Dot Marks") appearing on or in the Website or Mobile App or accompanying Bank content (“Green Dot Content”) are the property of Bank or the Green Dot Parties. You may not make any use of any Green Dot Content or Green Dot Marks without the prior written consent of Bank. No Green Dot Content or Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as licensed by Bank.

6. Your Conduct.

In using or accessing the Service, you agree: (i) not to use the Service for fraudulent purposes; (ii) not to “spam” others or “phish” for others’ personal information; (iii) not to create or use a false identity; (iv) not to disrupt or interfere with the security of, “deeplink,” attempt to obtain unauthorized access to or otherwise abuse, the Service or affiliated or linked websites; (v) not to disrupt or interfere with any other user’s enjoyment of the Service; (vi) not to use, frame, or utilize framing techniques to enclose any Stockpile Marks, Green Dot Marks or other proprietary information (including Stockpile Content or the Green Dot Content); (vii) not to use meta tags or any other “hidden text” utilizing a Stockpile Mark or Green Dot Mark; and (viii) not to use the Service in a manner that is defamatory, inaccurate, profane, threatening, invasive of a person’s privacy, violates any third-party proprietary rights, or is in violation of any applicable law.

7. Third-Party Websites and Services.

The Website and Mobile App may contain links to third-party websites and services, over which the Bank has no control. You acknowledge and agree that the Bank does not endorse, verify, or make any representations regarding these third-party websites and services and is not responsible for the availability of, and any liability arising from, any such third-party websites and services. The Bank is not liable to you or any other party for any loss or damage which may be incurred by you as a result of these third-party websites and services.

8. Termination; Modification.

Subject to applicable law, the Bank reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Service, and to block or prevent future access to and use of the Service for any reason. Subject to applicable law, the Bank may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any or all aspects of the Service, temporarily or permanently, at any time with or without notice to you. You agree that the Bank will not be liable to you or to any third party for any such modification, suspension, or discontinuance.

9. Disclaimer.

THE BANK MAKES NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SERVICE, THE WEBSITE, THE MOBILE APP, OR ANY CONTENT OR ONLINE OR MOBILE SERVICES PROVIDED THEREIN (“MATERIALS”), ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BANK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, WITH RESPECT TO THE MATERIALS, AND ANY THIRD-PARTY WEBSITE OR SERVICE. THE BANK DOES NOT WARRANT THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT TRANSMISSIONS OR DATA WILL BE SECURE, OR THAT THE BANK MATERIALS, OR THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE BANK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

The Bank will not be responsible for any delay, failure in performance, or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, terrorism, wars, strikes or other labor disputes, pandemics, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond the Bank’s reasonable control.

10. Limitation of Liability.

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.

11. Hours of Operation.

You can access automated account information through the Service seven days a week, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability.

12. Privacy.

Please see our Privacy Policy for information about how we collect, use, and disclose your information.

13. Discrepancies.

We assume no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other institutions or other parties to your transactions. You agree to provide us with prior written notice of any changes in your designated accounts with payees and other institutions that would affect our right or ability to process Service transfers or payments.

If a transfer or payment instruction identifies a payee or a bank by name and account or other identifying number, we and other financial institutions may process the transaction solely on the basis of the number, even if it identifies a different person or entity from what is indicated in the instruction. We have no obligation to identify and investigate discrepancies between names and numbers.

14. Limitation on Time to Sue.

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law with respect to the Service must be commenced no later than one year after the day the cause of action accrues.

15. Termination.

We may terminate or suspend your access to all or part of the Service at any time, with or without cause. Any indemnification required by this Agreement will survive its termination.

1 Third parties may impose additional limitations.